Every distributor who sells any gasoline or special fuel for any purpose that is subject to the tax imposed by this part 1 shall collect from the purchaser the amount of excise tax thereon, and any sums of money paid by the purchaser to the distributor as gasoline or special fuel taxes shall be and remain public money, the property of the state in the hands of such distributor, and such distributor shall hold the same in trust for the sole use and benefit of the state until paid to the executive director of the department of revenue as provided in this part 1. Any distributor who willfully fails or refuses upon demand to pay over to the executive director the moneys paid to the distributor as gasoline or special fuel taxes that are by this part 1 declared to be trust funds in the distributor's hands and the property of the state of Colorado or who fraudulently withholds, converts to such distributor's own use, or appropriates or otherwise uses such moneys or any part thereof belonging to the state shall be punished as provided by section 39-21-118.
Source: L. 33: p. 728, § 5. CSA: C. 16, § 385. CRS 53: § 138-3-6. C.R.S. 1963: § 1382-6. L. 79: Entire section amended, p. 1482, § 6, effective January 1, 1980. L. 85: Entire section amended, p. 1260, § 18, effective January 1, 1986. L. 2000: Entire section amended, p. 1927, § 6, effective October 1.